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South Africa decisions
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Eastern Cape Development Corporation v Cotterell and Others (EL518/2023) [2024] ZAECELLC 12 (16 April 2024)
The High Court granted the plaintiff leave to amend its particulars of claim in a property dispute, rejecting objections that the amendment was excipiable or procedurally defective.
Blair Atholl Homeowners Association (NPC) v WSC Meyer and Anothe (46150/18) [2023] ZAGPPHC 2055 (22 December 2023)
The High Court ordered eviction of a respondent from a house in Blair Atholl Golf Estate, rejecting his lease, cession, lien, and hoër-gaa t-voor-koop defences under PIE.
Moongate 125 (Pty) Ltd v Burger (2021/56009) [2023] ZAGPJHC 1009 (4 September 2023)
The court found that the applicant was never deregistered and remained a legal entity capable of contracting throughout the relevant period. The respondent's contention that the lease was void was rejected as unsustainable. The evidence established the existence and validity of the lease, the quantum of arrears, and the respondent's liability. The respondent's defences were bare denials without substantive evidence and were rejected. The applicant was entitled to payment of the arrears, interest, and attorney and client costs as per the lease agreement.
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Kgwele and Others v SK Enterprise and Others (21/38077) [2023] ZAGPJHC 719 (20 June 2023)
The High Court upheld an oral lease, refused most declaratory and interdictory relief, but ordered restoration of water and electricity after unlawful disconnection.
Du Plessis and Others v Majiedt N.O. and Others (3059/2021) [2023] ZAFSHC 131 (18 April 2023)
The court found that Mr Du Plessis did not have locus standi to institute the main application or to oppose the counter-application, as his estate was under provisional sequestration at the relevant times and he failed to join or obtain the consent of the provisional trustees. The affidavits did not establish any factual basis for locus standi, nor was there evidence of the trustees' refusal to act or waiver of rights. The lease agreement concluded between Mr Du Plessis and Full Circle Projects Twenty CC was declared void and unenforceable because it was entered into without the prior written…
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Du Toit and Another v Ravenscroft and Another (M503/2021) [2022] ZANWHC 50 (27 October 2022)
The High Court found no binding lease was concluded, ordered the respondents to restore possession of the property, remove structures and pipes, and pay costs.
Mpakeni Mlegeni Community Property Association v Castellazzo (Pty) Ltd and Another (4726/2021) [2022] ZAMPMBHC 44 (27 June 2022)
The court dismissed a challenge to a lease, finding the applicant’s chairperson had authority to sign and that post-signature conduct showed consensus.
Fisher N.O and Another v Mwaba and Another (2020/ 25663) [2021] ZAGPJHC 546 (11 October 2021)
The court found that the respondent was in unlawful occupation of the property. Even if the lease agreement was accepted as valid, the respondent repudiated it by failing to pay rental, and the liquidators accepted this repudiation. The lease agreement was deemed simulated and contrived to prolong unlawful occupation. The respondent provided no evidence of vulnerability or risk of homelessness, nor did he identify any other persons who would be affected by eviction. Applying section 4(7) and (8) of PIE and the Constitutional Court's guidance in Occupiers, Berea v De Wet NO, the court held tha…
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Rossouw Meat Property Investments (Pty) Ltd (2019/130471/07) v Friqur 142 BK (2009/185287/23 and Others (31228/2021) [2021] ZAGPPHC 650 (5 August 2021)
The court found that the lease agreement, which grants the applicant a right of first refusal, does not require ministerial consent as there is no intended subdivision of agricultural land. The statutory prohibition applies only to subdivision, not to the sale or lease of the entire property. The applicant's right of first refusal is valid and enforceable over the whole property. The urgency of the application was justified due to the uncertainty and imminent threat to the applicant's rights. The points in limine raised by the third respondent regarding the validity of the lease agreement wer…
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Wiggett v Tshezi Community Trust and Another (2353/2017) [2018] ZAECGHC 53 (3 July 2018)
The court dismissed an urgent application for interim interdictory relief over a hotel lease, finding no prima facie right, weak balance of convenience, and an alternative damages remedy.
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